SAN FRANCISCO — Disgraced Theranos CEO Elizabeth Holmes requested a brand new trial Tuesday, asserting in a courtroom submitting {that a} key witness for the prosecution now regrets the function he performed in her conviction for investor fraud and conspiracy associated to her failed blood-testing startup.
The petition facilities on the reliability of testimony offered by former Theranos lab director Adam Rosendorff, who mentioned he repeatedly raised issues in regards to the accuracy of blood checks that have been being administered to sufferers throughout his tenure in 2013 and 2014.
Prosecutors highlighted Rosendorff’s testimony throughout their closing arguments to a jury that convicted Holmes on 4 felony counts of investor fraud and conspiracy earlier this 12 months after a virtually four-month trial. The identical jury acquitted Holmes on fees of fraud and conspiracy towards sufferers who had their blood examined by Theranos.
Rosendorff, reached by way of LinkedIn, mentioned he had no remark, including “Don’t contact me.”
Holmes, 38, is at the moment free on bail, however is dealing with as much as 20 years in jail at a sentencing listening to scheduled for Oct. 17 in San Jose, California.
Her attorneys argued in a 17-page submitting that Rosendorff is now expressing misgivings about his testimony, primarily based on latest actions described within the courtroom doc.
The submitting states that Rosendorff appeared on the dwelling Holmes shares along with her associate, William Evans, on the night of August 8 in an try to fulfill along with her. Evans intercepted Rosendorff, in response to the doc, and requested him to depart.
Earlier than departing, in response to the submitting, Rosendorff informed Evans that in his trial testimony “he tried to reply the questions truthfully however that the prosecutors tried to make everybody look dangerous” and now seems like “he had finished one thing improper.” Earlier than he appeared at Holmes’ residence, the doc mentioned, Rosendorff left a 30-second voicemail for considered one of her attorneys asking for a face-to-face assembly with Holmes as a result of he thought it might be “fairly therapeutic” for each of them.
Of their submitting, Holmes attorneys mentioned that they had not been in a position to ask Rosendorff for additional details about his reflections on his trial testimony for moral causes. The attorneys proposed an Oct. 3 listening to to debate why they consider Rosendorff’s latest actions benefit a brand new trial.
Additionally on Tuesday, U.S. District Decide Edward Davila formally rejected a request to put aside the jury’s verdicts in Holmes’ trial. Davila’s determination cited Rosendorff’s testimony in assist of his ruling.
